Legal Opinion

Procopio v. Town of Saugerties

Appellate Division of the Supreme Court of the State of New York

Decided July 28, 2005PublishedCited by 9 opinions

1Opinion of the CourtKane, J.

Appeal from an order of the Supreme Court (Kavanagh, J.), entered January 27, 2005 in Ulster County, which granted defendants’ motions for summary judgment dismissing the complaint.

While attending a baseball game sponsored by defendant American Legion Saugerties Post in the Town of Saugerties, Ulster County, in which his son was a participant, plaintiff Federico Procopio (hereinafter plaintiff) was struck in the head by a baseball. Plaintiff was standing at the concession stand ordering food when he was struck. The baseball had been thrown by a player warming up in a bullpen parallel to the…

2Cases cited4 opinions

  1. Akins v. Glens Falls City School DistrictNew York Court of Appeals · 1981
  2. Sutfin v. ScheuerNew York Court of Appeals · 1989
  3. Sutton v. Eastern New York Youth Soccer Ass'nAppellate Division of the Supreme Court of the State of New York · 2004
  4. Wade-Keszey v. Town of NiskayunaAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by9 opinions

  1. Roberts v. Boys & Girls Republic, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Newcomb v. Guptill Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Cohen v. Sterling Mets, L.P.New York Supreme Court · 2007
  4. Rosenfeld v. Hudson Valley Stadium Corp.Appellate Division of the Supreme Court of the State of New York · 2009
  5. Savage v. BrownAppellate Division of the Supreme Court of the State of New York · 2015

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